Each and every child has by birth has capability to grew up and gain his full
potential and contribute wholly towards the development of the society and its
nation. The Indian constitution provides children there priority for their
protection and providing proper and lawful care, treatment and even spreading
education of adopting children for a friendly approach by the society. All the
children borne are innocent by birth but due to prevailing circumstances and not
getting proper guidance and upbringing there nature become aggressive and they
get involved in serious crimes of the society.
If any child who have not
completed the age of 18 years and does an offence which disturbs the public
peace of the society Juvenile Justice Act 2015 sees the prima-fascia of the
circumstances that whether the offence was committed with or without criminal
intention. It may be that the child lacks behind the capability of judging the
consequence of his crime.
Then under these conditions he should be given
personal treatment which converts his mindset to lawful and social work and the
treatment should be based upon his economical, physiological and social
background upon seeing the circumstances [i]. It is believed that about 53% of
children in India face some forms of sexual abuse in India.
According to POSCO Act 2012 child is any person who is below 18 years of age and
does not have capability to understand the seriousness of the crime he had been
There was a basic necessity of POSCO act as:
- The main aim of this act is to protect children from sexual offence in
the society and establish a special court for rapid disposal of case and
proper and delicate looking into the cases and being very sensitive matters
to be looked upon.
- The best thing about this act is that it provides remedy and punishment
even when sexual offence is against a boy and does not perceive
discrimination between a boy and a girl.
There are basically 5 types of sexual offence which are recognized under POSCO
act that are:
Penetrative sexual assault under section 4 with punishment upto imprisonment of
life,then aggravated penetrative sexual assault under section 6 with punishment
upto imprisonment of life, then sexual assault under section 8 which includes
punishment upto 5 years, then aggravated sexual assault under section 10 which
include punishment up to 7 years and at last sexual harassment under section 12
which include punishment up to 3 years.
For giving justice and stopping
corruption to enter under POSCO act another body which is State Commission of
Protection of Child Rights (SCPCR) has been authorized for monitoring the
implementations in the act and to submit the activities in its annual report.
The more delay in disposal of cases with high number of reporting cases have
made one thing clear in the mind of the people that children who are victim of
sexual offence are not getting justice and proper remedies[ii].
The PIL filed by
Bachpan Bachao Andolan (BBA) caught the attention of the whole country in which
the major key issues that were to be made for improvement and implementation to
it where time bound trial
and slow disposal of cases. According to HAQ Centre
for child rights in 2015 only 5% of the questions have addressed children
problems and there solution in both the houses.
It is believed that the children who experience sexual exploitation have long
term stress issue so the family, parents, relatives, NGOs can play a major role
in preventing the abuse against children and given them proper education about
inappropriate relations, difference between good touch and bad touch and even in
sober conditions they should be educated about the self-defense for their safety
Last year in Delhi an operation named NIRBHEEK means without
fear was launched in order to educate the children about sexual harassment. So
these small steps make a big count towards the development of the country.
can reduce the child abuse by interacting more with our children specially when
they are hesitating while telling us and should not put up a boundary of being
elder and younger. We must try to look out the emotional and behavioral change
and should not leave them in isolated or one-on-one situation and at last itís
our responsibility to safeguard their rights.
Written By: Pranjal Rai,
Amity University Lucknow Campus
Email: [email protected]
, Ph no: 9919900040